The ODISHA ZILLA PARISHAD ACT, 1991

The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1355 FRIDAY, AUGUST 27, 2010
Short title,
extent and
commencement
Definations
52 of 1987
Orissa Act 17 of 1991
THE ORISSA  ZILLA  PARISHAD  ACT,  1991
[ Published vide Orissa Gazette Extraordinary No. 793 dated 5.7.1991-
Notification No. 9896-Legislative-Dated/4.7.1991.]
Assented to by the Governor on the 2nd July 1991 and came into force with
effect from 1st December, 1992.
An Act to Establish Zilla Parishads in the State of Orissa.
Whereas it is expedient to provide for the establishment of Zilla Parishads in
the State of Orissa and for matters connected therewith or incidental thereto in the
manner hereinafter appearing;
It is hereby enacted by the Legislature of the State of Orissa in the Forty-
second Year of the Republic of India as follows :
CHAPTER-I
Preliminary
1. [Short title, extent, commencement and application]. - (1) This Act may be
called the Orissa Zilla Parishad Act, 1991.
(2) It shall extend to the whole of the State of Orissa :
Provided that save as otherwise expressly contained in this Act nothing herein
shall apply to any local area to which the provisions of the Orissa Municipal Act, 1950
or to any area to which the provisions of the Cantonments Act, 1924 have been, or may
hereafter be extended.
(3) This section shall come into force at once and the remaining provisions of
this Act shall come into force on such date as the Government, may by notification,
appoint.
(4) Any notification, order or rule and any appointment to an office to be issued
or made or any election to be held under this Act, may be so issued, made or held after
the date of passing of this Act and shall take effect on the date of coming into force of
the remaining provisions thereof in pursuance of the notification issued under Sub-
section (3).
(5) [* * *]
1. Published vide Orissa Gazette Extraordinary No. 793 dated 5.7.1991
2. Substltuttd by Orissa Act 17 of 1993 s. 2 (a)
3. Omltted by Orisla Act 17 of 1997 s. 2
4. Omitted by Orissa  Act 17 of 1993 s. 3
2
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Block" means the Block notified under Section 15 of the Orissa Panchayat
Samiti Act, 1959.
[(a-1) "Council" means the State Council of Parishad as constituted under Section
31-A;
(a-2) "Election Commission" means the State Election Commission consisting of
a State Election Commissioner appointed by the Governor under Article 243-K of the
Constitution; and
(a-3) "Finance Commission" means the Finance Commission constituted by the
Governor under Article 243-I of the Constitution;]
(b) "Government" means the Government of Orissa;
(c) "Grama" means a Grama Constituted under the Orissa Grama Panchayat Act,
1964;
(d) "Grama Panchayat" means the Grama Panchayat Constituted under the Orissa
Grama Panchayat Act, 1964;
(e) "Official" shall have reference to Government official and the word "non-
official" shall be construed accordingly;
(f) "Ordinary resident in any area" with all its grammatical variations and cognate
expressions shall have reference to a person whose name finds place in the electoral roll
for the time being in force prepared under the Representation of the People Act, 1950, in
so far as the roll relates to such area;
(g) "Panchayat Samiti" hereinafter referred to as the "Samiti" means the
Panchayat Samiti constituted under Section 16 of the Orissa Panchayat Samiti Act,
1959;
[(g-1) "Parishad area or area of Parishad" shall mean the territorial area of a
district excluding any Municipal area as defined in the Orissa Municipal Act, 1950 and
any other area which is specified for the time being to be an industrial township under
that Act or to which the provisions of the Cantonments Act, 1924 is extended;]
3
(h) "Population" means populations as ascertained in the last census of which
the relevant figures have been published;
(i) "Prescribed" means prescribed by rules;
(j) "Rules" means the rules made under this Act;
[(j-1) "Scheduled Areas" means the Scheduled Areas as referred to in Clause (1)
of Article 244 of the Constitution;]
(k) "Year" means the financial year;
(l) "Zilla Parishad" hereinafter referred to as the "Parishad" means the body
constituted under Sub-section (1) of Section (3).
CHAPTER-II
Constitution of Zilla Parishads and their Functions
3. Constitution and function of Parishad. -(1) The Government may, by notification
constitute a Parishad for every district.
(2) Every Parishad shall, by the name of the district for which it is constituted, be
a body corporate having perpetual succession and a common seal and subject to any
restriction and qualification imposed by or under this Act or any other enactment shall
have the power to acquire and hold property, both movable and immovable, to transfer
any such property held by it, to enter into contracts and to do all other things as may be
considered necessary, proper or expedient for the purpose of this Act and may sue and
be sued in its corporate name.
(3) Every Parishad shall have the power to -
(i) undertake schemes or adopt measures including giving of financial assistance
relating to the development of agriculture, social forestry , livestock, industries, co-
operative movement, rural credit, water-supply, distribution of essential commodities,
rural electrification including distribution of electricity, minor irrigation, public health
and sanitation including establishment of dispensaries and hospitals, communications,
primary, secondary and adult education including welfare and other objects of general
public utility;
[(ii) prepare plans for economic development and social justice;
4
(ii-a) implement schemes for economic development and social justice and
undertake execution of any other scheme, performance of any act or management of
any institution or organisation, as the Government may, by order, entrust to it including
those in relation to the matters listed in the Eleventh Schedule to the Constitution of
India, subject to such terms and conditions as may be specified in the order];
(iii) manage or maintain any work of public utility or any institution vested in it
or under its control and management;
(iv) grant aid to any school, public library, public institution of public welfare
organization within the district;
(v) contribute such sums as may be agreed upon towards the cost of maintenance
of any institution situated outside the district which is beneficial to and habitually used
by the inhabitants of the district;
(vi) establish scholarships or award stipends within the State for the furtherance
of technical or other special forms of education;
(vii) [* * *]
(viii) make grants to Samitis or Grama Panchayat within the district;
(ix) contribute, with the approval of Government, such sums as it may decide
towards the cost of water-supply or anti-epidemic measures undertaken by a Municipal
or Notified Area Council within the district;
(x) adopt measures for the relief of distress;
(xi) co-ordinate and integrate the development plans and the schemes prepared
by a Samiti in the district;
(xii) [* * *]
(xiii) prepare, execute and supervise the district plan relating to -
(a) monitoring and supervision of programmes like Jawahar Rojgar Yojana (J.R.Y).
to be directly implemented by Grama Panchayat and Panchayat Samitis;
5
(b) implementation of anti-poverty programmes and monitoring supervision
thereof;
(c) discharge of responsibilities and functions as assigned to the District Rural
Development Agencies from time to time; and
(d) distribution of untied funds;
Explanation. - The expression -
(1) a "District Rural Development Agency" means a society registered under the
Societies Registration Act, 1860 and sponsored by the Central Government for
implementation of Integrated Rural Development Programme in the State.
(2) "Jawahar Rojgar Yojana" means the Jawahar Rojgar Yojana as defined in the
Orissa Grama Panchayats Act, 1964.
(4) Notwithstanding anything to the contrary in any other law for the time being
in force, for the purpose of ef ficiently performing its functions under this Act, every
Parishad may, within the limits of its jurisdiction-
(a) Collect such data as it deems necessary;
(b) publish statistics or other informations relating to the various aspects of the
regulation of the development activities of Grama Panchayats and Samitis in the district;
(c) require any Grama Panchayat or Samiti to furnish such information as may be
required by it in relation to the measures undertaken by that Grama Panchayat or Samiti
for the regulation of its developmental activities and such other matters as may be
prescribed.
(5) Every non-official member of a Parishad shall, subject to such restrictions as
may be prescribed, have power to inspect and supervise the primary educational
institutions, hospitals and dispensaries, agricultural farms and veterinary dispensaries,
and hospitals situated within the jurisdictions of the Parishad and shall submit his
report along with his suggestion to the Parishad which shall, after examining the same,
advise the Government as to the course of action to be adopted.
[(6) Notwithstanding anything to the contrary in this Act or in any other law for
the time being in force, in the Scheduled Areas,-
(a) no prospecting licence or mining lease for minor minerals or concession for
6
the exploitation of minor minerals by auction shall be granted under any law on or after
the commencement of the Orissa Zilla Parishad (Amendment) Act, 1997, except with the
prior recommendation of the Parishad;
(b) no acquisition of land for development projects and for re-settling or
rehabilitating persons affected by such projects shall be made under any law without
prior consultation with the Parishad; and
(c) the Parishad shall plan and manage the minor water bodies.]
4. Standing Committee of Parishad. - For the efficient discharge of its functions
the Parishad shall constitute Standing Committees whose numbers, composition, powers
and functions shall be such as may be prescribed:
Provided that the Parishad shall have power to co-opt such number of persons
from outside as may be prescribed.
5. Annual report. - (1) The Parishad shall prepare in such form and at such time
each year as may be prescribed, an annual report giving a true and full account of its
activities during the previous year and copies thereof shall be forwarded to the
Government.
(2) The Government shall lay on the table of the Legislature all such reports
together with their comments thereon.
(3) Every Parishad shall furnish to the Government such returns, statistics and
other information with respect to its activities as the Government may from time to time
require.
[6. Members of Parishad.] - (1) The Parishad shall consist of the following
members, namely :
(a) one member elected directly on the basis of adult suffrage from every
constituency within the [Parishad area];
(b) Chairman of each Samiti situated within the district.
(c) every member of the House of the People and of the State Legislative
Assembly representing constituencies which comprise wholly or partly the area of the
Parishad;
(d) members of the Council of States who are registered as electors within the
area of the Parishad.
[Explanation - For the purpose of Clause (a), 'Constituency' shall mean a
constituency as may be determined under Sub-section (3-A) Subject to Article 243-C of
7
the Constitution.]
(2) The names of the members of the Parishad shall be published in the Gazette.
(3) (a) Seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes in every Parishad and the number of seats so reserved shall bear , as nearly as
may be, the same proportion to the total number of seats to be filled up by direct
election in that Parishad as the population of the Scheduled Castes in that Parishad area
or of the Scheduled Tribes in that Parishad area bears to the total population of that area
and such seats shall be allotted on rotation to different constituencies in a Parishad :
Provided that where the population of the Scheduled Castes or, as the case may
be, the Scheduled Tribes in a Parishad area is not sufficient for reservation of any seat
one seat for the Schedule Castes or , as the case may be, one seat for the Scheduled
Tribes shall be reserved in that Parishad area :
[Provided further that in the Scheduled Areas, not less than one-half of the total
number of seats to be filled by such direct election shall be reserved for the Scheduled
Tribes.]
(b) As nearly may be, but not less than one-third of the total number of seats
reserved under Clause (a) shall be reserved for women belonging to the Scheduled
Castes or, as the case may be, the Scheduled Tribes:
Provided that where only two seats are reserved for the Scheduled Castes or, as
the case may be, the Scheduled Tribes, one of the two seats shall be reserved for
women belonging to the Scheduled Castes or , as the case may be, the Scheduled
Tribes.
[(b-1) As nearly as may be, but not less than, twenty-seven per centum of the
total number of seats to be filled up by direct election in every Parishad shall be reserved
in favour of backward class of citizens as referred to in Clause (6) of Article 243-D of the
Constitution in the prescribed manner [and shall be allotted by rotation to different
constituencies thereof] :
Provided that where, after reservation of the required number of seats of the
Scheduled Castes and the Scheduled Tribes in a Parishad, the remaining seats are
found to be insufficient for the purpose of reservation in favour of backward class of
citizens as nearly as may be, but not less than twenty-seven per centum of the remaining
seats shall be reserved in favour of such citizens in that Parishad.
(b-2) As nearly as may be, but not less than one-third of the total number of
seats reserved under Clause (b-1) shall be reserved for women belonging to the backward
class of the citizens :
Provided that where only two seats are reserved for the backward class of
citizens, one of the two seats shall be reserved for women belonging to the backward
class of citizens.]
8
(c) As nearly as may be, but not less than one-third (including the number of
seats reserved for women belonging to the Scheduled Castes, [the Scheduled Tribes
and the backward class of citizens)] of the total number of seats to be filled up by direct
election in every Parishad shall be reserved for women and such seats shall be allotted
by rotation to different constituencies in the Parishad.
(d) [* * *]
[(3-A) The manner in which the Parishad area shall be divided into constituencies
for the purpose of Clause (a) of Sub-section (1) and the seat therein shall be reserved for
the purpose of Clauses (a), (b) [(b-1), (b-2)] and (c) of Sub-section (3), shall be as
follows :
(a) The Collector shall, divide the Parishad area into constituencies in such a
manner that -
(i) Every constituency shall as far as practicable, have a population of forty
thousand or part thereof;
(ii) a constituency does not extend beyond the territorial limit of the Block;
(iii) the territorial area of a Grama is not bifurcated; and
(iv) a constituency is compact with due regard to geographical feature.
(b) The constituencies in which the density of population of the Scheduled
Castes and the Scheduled Tribes is higher shall be reserved by the Collector for the
Scheduled Castes and the Scheduled Tribes respectively and shall rotate in descending
order at every general election [and in case of backward class of citizens such reservation
and rotation shall be in the prescribed manner].
(c) (i) The constituencies in every district shall bear the names of the respective
Blocks and be arranged serially in Oriya alphabetical order.
(ii) The name of every constituency so arranges serially shall include its serial
number in the district.
(d) After the names of constituencies are so arranged in Oriya alphabetical order,
the Collector shall reserve the required number of constituencies for women in the
following manner :
9
(i) reservation of constituencies for women shall be made for the Scheduled
Castes at the first instance [then for the Scheduled Tribes and thereafter for the backward
class of citizens], and in computing one third of the total number of constituencies, the
constituencies reserved for women belonging to the Scheduled Castes [the Scheduled
Tribes and the backward class of citizens] shall be taken into account.
(ii) out of the constituencies left in the list of Oriya alphabetical order for
candidates other than the Scheduled Castes, the Scheduled Tribes and the backward
class of citizens, the constituency which appears first and, thereafter , every third
constituency shall be reserved for women, until the required quota is completed;
(iii) as nearly as may be, but not less than; one third of the constituencies
reserved for the members of the Scheduled Castes, the Scheduled Tribes and backward
class of the citizens shall be reserved for women belonging to the Scheduled Castes,
the Scheduled Tribes and the backward class of the citizens in the manner herein before
provided.
(e) The Collector shall prepare a draft statement showing the division of the
parishad area into constituencies and the seats to be reserved therein and shall publish
it in his office notice board and in the notice boards of the Sub-Collectors, Tahasildars,
Executive Officers of Municipalities and Block Development Officers concerned, in the
prescribed manner and for the prescribed period, inviting objections and suggestions
from all persons interested within the said period.
(f) The Collector shall, after considering the objections and suggestions so
received and making such further enquiry as he may deem fit, cause such alteration as
may be necessary to be made in the draft statement referred to in Clause (e) and shall,
thereafter, prepare a final statement showing the division of the Parishad area into
constituencies and the seats to be reserved therein and submit the same to the
Government for approval.
(g) On receipt of the final statement from the Collector under Clause (f) the
Government shall, if it is satisfied that the division and reservations shown therein have
been made in accordance with the procedure provided herein before, accord its approval
and published the same in the Gazette whereupon, the division of the Parishad area into
constituencies and reservation of seats therein shall become final.]
[(3-B) The reservation of seats under Clauses (a) and (b) of Subsection (3) shall
cease to have ef fect on the expiration of the period specified in Article 334 of the
Constitution.]
10
(4) [(a) The election of members specified in Clause (a) of Sub-section (1) shall
be held in the prescribed manner :
Provided that where such election is contested on political party basis, the
candidates contesting such election shall use their respective party symbols.
(b) In the absence of any provision in this Act or the rules the provisions of the
Representation of the People Act, 1950 and the Representation of the People Act, 1951
shall mutatis mutandis apply for the purpose of election to Parishads in the following
matter, namely :
(i) preparation, revision and updating of electoral rolls;
(ii) appointment of Electoral Registration Officers, Presiding Officers and Polling
Officers;
(iii) qualifications and disqualifications for registration as voter;
(iv) such other matters which have to be, or may be required to be, dealt with for
the purpose of conducting free and fair election.
(c) Unless the Election Commission, by order published in the Gazette directs
otherwise, so much of the electoral roll of the Assembly Constituency for the time being
in force as relates to a Parishad Constituency shall, subject to such revision or updating
as may be necessary; be the electoral roll of the Parishad Constituency for the purpose
of election to the Parishad.]
Explanation. - For the purposes of this sub-section, -
(a) "candidates" means candidates duly sponsored by respective political parties.
(b) "party symbols" means the symbol allotted to a particular political party
under the Elections Symbols (Reservation and Allotment) Order, 1968; and
(c) "political party" means a 'National Party' or, as the case may be, a 'State Party'
within the meaning of paragraph 7 of the Order referred to in Clause (b).
(5) All the members of the Parishad including the President and the Vice-President
thereof shall have the right to vote in the meetings of the Parishad.
[(6) Notwithstanding anything contained in this section the Government may
nominate to a Parishad in the Scheduled Areas persons belonging to such Scheduled
Tribes as have no representation in the Parishad:
11
Provided that such nomination shall not exceed one-tenth of the total members
to be elected under Clause (a) of Sub-section (1).]
[6A. Superintendence, direction and control of elections to vest in State Election
Commission. - (1) The Superintendence, direction and control of the preparation of
electoral rolls for, and the conduct of, all elections to Parishad, shall be vested in the
Election Commission.
(2) The conditions of service and tenure of office of the State Election
Commissioner constituting the Election Commission shall be such as the Governor may
by rule determine under Clause (2) of Article 243-K of the Constitution.
(3) The Governor shall, when so requested by the Election Commission, make
available to the Election Commission such staff as may be necessary for the discharge
of its functions].
[(4) The Election Officers, Presiding Officers and any other officers appointed or
designated for the time being for the conduct of elections under this Act shall be
deemed to be on deputation to the Election Commission for the period commencing on
the date of the notification calling for such election and ending with the date of
declaration of the results of such election and, accordingly, such officers shall, during
that period, be subject to the control, superintendence and discipline of the Election
Commission.]
[7. Duration of Parishads. - (1) Every Parishad, unless sooner dissolved-under
this Act, shall continue for five years from the date appointed for its first meeting
referred to in Section 8, and no longer.
(2) An election to constitute a Parishad shall be completed-
(a) before the expiry of its duration specified in Sub-section (1); or
(b) where a Parishad is dissolved before the expiry of its duration, before the
expiration of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved Parishad
would have continued is less than six months, it shall not be necessary to hold an
election under this sub-section for constituting the Parishad for such period.
(3) The Parishad constituted upon the dissolution of a Parishad before the
expiration of its duration shall continue only for the remainder of the period for which
the dissolved Parishad would have continued under subsection (1) had it not been so
dissolved.]
[8. Election of President and Vice-President.] - (1) The members of the Parishad
specified in Clause (a) of Sub-section (1) of Section 6 shall, -
(a) at its first meeting, which [shall be convened within twenty-two days, but not
before the expiry of seven days, from the date of] publication of the names under Sub-
section (2) of Section 6, elect in the prescribed manner a President from among them;
12
(b) at a subsequent meeting, which shall be specially convened for the purpose
within thirty days from the date of the election of the President, elect the Vice-President
of the Parishad from among them :
Provided that where the office of the President is not reserved under this Act for
women or where a President elected under this Act is not a woman, office of the Vice-
President of the Parishad shall be reserved for women.
(2) Notwithstanding anything to the contrary in Sub-section (1)-
(a) offices of the Presidents in the Parishads shall be reserved for the Scheduled
Castes and the Scheduled Tribes and the number of offices so reserved for the Scheduled
Castes and the Scheduled Tribes shall bear as nearly as may be, the same proportion to
the total number of such officers as the population of the Scheduled Castes and the
Scheduled Tribes respectively in the State bears to the total population of the State [*
* *] :
[Provided that in the Scheduled Areas, offices of Presidents of all the Parishads
shall be reserved for the Scheduled Tribes.]
[(b) as nearly as may be, but not less than, one-third of the total number of
offices of Presidents reserved under Clause (a) shall be reserved for women belonging
to the Scheduled Castes or. as the case may be, the Scheduled Tribes;
(c) as nearly as may be, twenty-seven per centum of the offices of Presidents in
Parishads shall also be reserved in favour of backward class of citizens as referred to in
Clause (6) of Article 243-D of the Constitution;
(d) as nearly as may be, one-third of the total number of offices of Presidents
reserved under Clause (c) shall be reserved for women belonging to the backward class
of citizens; and
(e) as nearly as may be, but not less than, one-third (including the number of
offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes
and the backward class of citizens) of the total number of offices of Presidents in
Parishads shall be reserved for women].
[(3) Reservation of offices of President under Sub-section (2) for the Scheduled
Castes, the Scheduled Tribes, [Backward class of citizens and women] shall be made by
Government by rotation among different Parishads and their reservation so made shall
be published in the Gazette.]
[(4) The procedure provided in Sub-section (3-A) of Section 6 relating to
reservation of seats in the Parishads for the Scheduled Castes, the Scheduled Tribes,
[Backward class of citizens and women] shall, as far as may be, be applicable for the
13
purpose of reservation of offices of Presidents to be made by the Government under
Sub-section (3)].
[(5) The reservation of offices of Presidents under Clauses (a) and (b) of Sub-
section (2) shall cease to have effect on the expiration of the period specified in Article
334 of the Constitution.]
9. President to be executive authority. - (1) The resolution of a Parishad shall be
given effect to by the President in whom the executive powers of the Parishad shall vest
in cases of emergency he may take a necessary action which shall be subject to the
approval of the Parishad at its next meeting.
[(2) When the office of the President is vacant the Vice-President of the Parishad
shall, for all the purposes of this Act, exercise the powers and perform the functions of
the President until the new President is elected.
(3) When the office of the President is vacant or the President has been
continuously absent from the district for more than fifteen days or is incapacitated for
more than fifteen days and there is either a vacancy in the office of the Vice-President or
the Vice-President has been continuously absent from the district for more than fifteen
days or is incapacitated for more than fifteen days, the powers and functions of the
President shall devolve on an elected member of the Parishad from out of a panel of
three such members in order of priority nominated by the President in that behalf who
shall be the officiating President and shall exercise the powers and perform the functions
of the President, subject to such restrictions and conditions as may be prescribed, until
the President or Vice-President assumes office on being duly elected or, as the case may
be, takes charge of his office.
(4) The President shall nominate the panel as referred to in Subsection (3) within
a period of one month from the date of the first meeting of the Parishad, failing which,
the Parishad shall nominate the panel in its first meeting held after the expiry of the
aforesaid period of one month.]
10. Payment of honorarium to President and Vice-President. - The President and
the Vice-President shall be paid such honorarium per month as may be prescribed by
Government from time to time.
11. Meetings of Parishad and conduct of business. - (1) A Parishad shall meet
not less than four times during any year for the transaction of its business and a period
of more than three months shall not be allowed to elapse between two successive
meeting.
(2) The business of the Parishad shall be conducted in the prescribed manner.
[(3) Nothing in this Act shall prevent any member referred to in Clauses (c) and
(d) of Sub-section (1) of Section 6 to nominate a person to represent him in any meeting
of the Parishad except the meeting convened under Section 39, where such member
cannot attend the meeting due to other engagements, and, in every such case, the
person so nominated shall have the right to speak in, and otherwise take part in the
proceedings of, the meeting of the Parishad but shall not, by virtue of this provision, be
entitled to vote.]
14
12. Budget of Parishad. - (1) The Chief Executive Officer of the Parishad shall, in
each year prepare and place before the Parishad through its President on or before the
prescribed date a Budget estimate for the following year containing such particulars as
may be prescribed and the Parishad shall sanction the Budget with such modifications,
if any, as it thinks fit and the Budget so sanctioned shall submitted to the Government
in the prescribed manner.
(2) If in the course of a year , a Parishad finds it necessary to alter the figures
shown in the Budget with regard to its receipts or to the distribution of the amounts to
be expended on the different services undertaken by it, a supplementary or revised
Budget may be prepared, sanctioned submitted and modified in the manner provided in
Sub-section (1).
13. Chief Executive Officer and its functions. - (1) The Collector of the district
shall be the Chief Executive Officer of the Parishad who shall subject to the provisions
of this Act, exercise such powers and perform such functions as may be prescribed.
(2) The State Government may appoint such number of Executive Officers to the
Parishad as may be expedient, who shall remain under the administrative control of the
Chief Executive Officer and shall exercise such powers and perform such functions as
may be prescribed.
(3) The [Project Officers, District Rural Development Agency] shall be the ex
officio Secretary of the Parishad.
[(4) The Chief Executive Officer and the Secretary of the Parishad shall attend all
meetings thereof and may take part in the discussions therein, but shall not have the
right to move for resolution or to vote.]
CHAPTER-III
Zilla Parishad Fund
14. Zilla Parishad Fund. - (1) All moneys received by the Parishad shall constitute
a fund called the "Zilla Parishad Fund". The fund shall vest in the Parishad and shall be
applied for the performances specified in this Act and for such other purposes and in
such manner as may be prescribed.
(2) All moneys received by the Parishad shall be deposited in the State Bank of
India or, with the sanction of the Government, in any other Bank approved by them.
(3) All order or cheques against the Zilla Parishad Fund shall be signed by the
Chief Executive Officer or other Executive Officers as the Government may by
notification, specify.
15. Income and expenditure of Parishad. - (1) The sources of income of a Parishad
shall consist of -
(i) the Central or State Government funds allotted to the Parishad;
(ii) grants from All-India Bodies and Institutions for the development of cottage,
15
village and small scale industries and the like;
(iii) such share of the land cess or any other cess or State taxes allotted under
any law or fees as may be prescribed;
(iv) income from endowments, trusts or other institutions administered by the
Parishad.
(v) donations and contributions from the Samitis or from the public in any form.
(2) The expenses of the Parishad shall include the salaries and allowances of its
employees, honorarium payable to the President and Vice-President, the travelling
expenses incurred by the members of the Parishad for attending the meetings of the
Parishad and any item of expenditure directed by the Government for carrying out the
provisions of this Act.
[16. Accounts and audit. - (1) The Parishad shall keep regular accounts of receipts
to and disbursement from the Zilla Parishad Fund and such accounts shall be published
in the prescribed manner.
(2) The provisions contained in Sub-sections (2), (3), (4) and (5) of Section 100 of
Orissa Grama Panchayats Act, 1964 shall mutatis mutandis apply in regard to the audit
of the Zilla Parishad Fund.]
[18. Review of Finance. - (1) It shall be the duty of the Finance Commission to
review the financial position of Parishads and to make recommendations to the Governor
as required under Article 243-I of the Constitution.
(2) The Commission may, for the purpose of maintaining sound financial position
of Parishads, make such recommendations including measures heed for improvement
of the financial position thereof, as it may deem fit.
(3) The Governor shall cause every such recommendation made by the Finance
Commission together with an explanatory Memorandum as to the action taken thereon
to be laid before the Legislature Assembly.]
CHAPTER-IV
Control
19. Inspecting and Superintending Officers of Parishad. - It shall be the duty of
the Government and such officers or authorities as may be authorised by the Government
to see that the proceedings of Parishads are in conformity with the provisions of this
Act and the rules, and that the implementation of the decision taken therein and all
actions taken by the Parishads for carrying out the provisions of this Act and the rules
are free from fraud, misappropriation, embezzlement and other criminal bearings.
16
20. Power of entry of Inspecting Officers. - (1) The Director of Grama Panchayats
as defined in the Orissa Grama Panchayats Act, 1964 shall be the Director of the Parishad
Administration in the State (hereinafter referred to as the Director).
(2) The Director or any officer whom the Government may authorise in this
behalf may at any time enter upon and inspect or cause to be entered upon and inspected.
(a) any immovable property, or any work in progress, under the control of any
Parishad;
(b) any school, hospital, dispensary, vaccination station, choultry, dharmasalas
or other institutions maintained by or under the control of any Parishad and any records,
registers or other documents kept in such institution;
(c) the office of any Parishad and any records, registers or other document kept
therein.
(3) The Director shall have such other powers and functions as may be prescribed
by the Government from time to time.
21. Access of Inspecting Officers to Parishad Property. - Subject to such rules as
may be made in that behalf, the Parishad and its President and employees shall, at all
reasonable times, be bound to afford to the officers and authorities referred to in Sections
19 and 20 such access to the property or premises of the Parishad and to all documents
as may, in the opinion of such of ficers or authorities, be necessary to enable them to
discharge their duties under the said sections.
22. Power to call for report from Parishad. - The Director or any officer or person,
whom the Government may empower in this behalf, may -
(a) call for any record, register, or other document in the possession or under the
control of an Parishad;
(b) require any Parishad or its President to furnish any return, plan estimates
statement, account or statistic;
(c) require any Parishad or its President to furnish any information or report on
any matter connected with such President;
(d) record in writing for the consideration of any Parishad or its President any
observations which the Director or such officer or person may think proper in regard to
its proceedings or duties.
23. Powers to suspend or to cancel resolutions and orders. - (1) The Government
may, by order in writing cancel any resolution order passed by a Parishad or by any of
17
the authorities of such Parishad if, in their opinion such resolution or order.
(a) is not legally passed; or
(b) is in excess or abuse of the powers conferred by or under this Act or is
against the public interest; or
(c) on its execution, is likely to cause danger to human life, health or safety or is
likely to lead to a riot or affray :
Provided that nothing in this sub-section shall apply to a resolution passed
under Section 39.
(2) Government shall, before taking action under Sub-section (1), give the
Parishad an Opportunity for explanation.
(3) If in the opinion of the Director immediate action is necessary to suspend any
such resolution or order on any of the aforesaid grounds, he may, by order in writing
suspend the operation of the resolution or order and refer the matter to Government
whose decision thereon shall be final :
Provided that where the Director makes an order on any of the grounds referred
to in Clauses (a) and (b) of Sub-section (1) he shall also record reasons thereof in the
said order.
24. Extraordinary powers of Director. - (1) In cases of emergency the Director
may, subject to the approval of the Government direct or provide for the execution of
any work, or the doing of any act which a Parishad or its President is empowered to
execute or do, and the immediate execution or doing of which is in his opinion necessary
for the implementation of developmental plans or safety of the public and may direct
that the expenses of executing such work or doing such act shall be paid out of the
Fund of the Parishad.
(2) If the expense is not so paid, he may make an order directing the person
having the custody of the Fund to pay it in priority to any other charge against such
Fund. Such person shall, so far as the Funds to the credit of the Parishad admit, be
bound to comply with such order.
25. Government's power to take action in default of a Parishad or its President. -
(1) If at any time, it appears to the Government that a Parishad or its President has made
default in performing any duty imposed by or under this Act or any other law for the
time being in force they may, by order in writing, fix a period for the performance of such
duty.
(2) If such duty is not performed within the period so fixed, the Government may
appoint some persons to perform it and may direct that the expense of performing it
shall be paid from the Fund within such time as they may fix, to such person by the
Parishad.
(3) If expenses which the Government have directed under Sub-section (2) to be
18
paid from the Fund, are not so paid, the Director , with previous sanction of the
Government, may make an order directing the person having the custody of the Fund to
pay it in priority to any other charge against such Fund.
(4) Such person shall, so far as the Fund to the credit of the Parishad admit, be
bound to comply with such order.
26. Removal of the President and Vice-President of Parishad. - (1) If, in the
opinion of the Government, the President or Vice-President of the Parishad wilfully
omits or refuses to carry out or violates the provisions of this Act or any rules, bye-laws
or orders, made or issued thereunder or abuses the power vested in him and the
Government are satisfied that further continuance of such person in office would be
detrimental to the interest of the Parishad, they may, by order published in the prescribed
manner, remove such President or Vice-President from office :
Provided that no such order to removal shall be made without giving the person
concerned a reasonable opportunity of being heard.
(2) No person removed from the office of President or Vice-President under this
section shall, for a period of four years from the date of removal, be eligible to hold any
of the said offices.
27. Revival of removal Proceedings. - (1) Where any proceeding which was
initiated under Section 26 against any person holding of fice as President or Vice-
President of a Parishad could not be finalised due to the vacation of the office by the
President or Vice-President, as the case may be, by resignation or otherwise and the
said person is found to be holding office as President or Vice-President of that Parishad
during the term in which he so vacated of during the succeeding term, the State
Government may direct revival of the said proceedings whereupon, the said proceedings
shall be proceeded with form the state it had reached by the date of vacation of the
office by the President or the Vice-President, as the case may be, and disposed of in
accordance with the provisions of the said section.
(2) No person removed from the office of President or Vice-President as a result
of the proceedings so revised shall, for a period of four years from the date of the
removal, be eligible to hold any of the said offices.
28. Dissolution and reconstitution of Parishads. - (1) If in the opinion of the
Government a Parishad is not competent to perform or persistently makes default in
performing the duties imposed on it by law or exceeds or abuses it powers they may, by
notification published in the prescribed manner, direct that the Parishad be dissolved
and immediately reconstituted. The notification shall specify the time within which the
Parishad shall be reconstituted :
Provided that for the purpose of completing the elections to a Parishad which
has been dissolved, the Government may, from time to time, extend the time fixed by
them under this sub-section not exceeding six months in the aggregate for its
reconstitution.
(2) Before publishing a notification under Sub-section (1), the Government shall
communicate to the Parishad the grounds on which they propose to do so, fix a reasonable
19
period for the Parishad to show cause against the proposal and consider the explanations
and objections, if any, of such Parishad.
(3) Upon the publication of such a notification all the members of the Parishad
including its President and Vice-President shall forth with be deemed to have vacated
their offices as such and fresh election shall be held in the prescribed manner.
(4) During any interval between the dissolution and the reconstitution of a
Parishad directed under Sub-section (1), all or any of the powers and duties of the
Parishad and its President may be exercised and discharged, as far as may be and to
such extent as the Government may determine, by such person or persons as they may
appoint in that behalf.
(5) For all or any of the reasons specified in Sub-section (1) the Government may,
by notification published in the prescribed manner , instead of dissolving a Parishad
and reconstituting it, supersede it for any period which they may deem fit, whereupon,
the relevant provisions of Section 29 shall mutatis mutandis apply.
29. Supersession of Parishad. - (1) If after the fresh election held under Section
28, the Parishad continues to be incompetent to perform or abuse its powers for all or
any of the reasons specified in Sub-section (1) of the said section the Government may,
by notification published in the prescribed manner, supersede it for a specified period,
not exceeding six months.
(2) Before publishing a notification under Sub-section (1), the Government shall
follow the procedure laid down in Sub-section (2) of Section 28.
(3) The supersessions of a Parishad shall, if no other date and time are fixed in
the said notification, take effect from the date of publication thereof and, thereupon, all
the members of the Parishad including President and Vice-President shall forthwith be
deemed to have vacated their offices.
(4) The provision of Sub-section (5) of Section 28 shall apply so far as may be in
regard to the exercise and discharge, during the period of supersession of a Parishad
under Sub-section (1), of all or any of the powers and duties of the Parishad and its
President.
(5) The Government may reconstitute the Parishad before the expiry of the period
notified under Sub-section (1).
30. Devolution of assets and liabilities dissolved or superseded Parishad. - When
a Parishad is dissolved under Section 28 or superseded under Section 29 the Government
until the date of the reconstitution thereof and the reconstituted Parishad thereafter ,
shall be entitled to all the assets and be subject to all the liabilities of the Parishad as on
the date of dissolution or supersession and on the date of reconstitution respectively .
31. Powers of officers acting for or in default of Parishad. - When the Director or
person appointed by the Government lawfully take action on behalf, or in default, of a
Parishad under this Act, he shall have all such powers as are necessary for the purpose,
and shall be entitled to the same protection under this Act, as the Parishad or its
employees whose powers he is exercising and compensation shall be recoverable from
the Fund of the Parishad by any person 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Odisha acts Next ›